What If My UK Immigration Administrative Review Is Unsuccessful?
Having an unsuccessful administrative review can be heart-breaking, leaving you in a state of uncertainty of what to do next.
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Each administrative review case is unique, but there are some key steps you should take in order to make sure that your review has all the elements to be as successful as possible and that your rights are protected. Knowing what these steps are could save you time, money, and heartache down the line.
Definition Of Administrative Review
An administrative review is a process initiated by an applicant against the Home Office to review a decision they have made on the applicants immigration case. It is usually applied when the applicant believes that their initial application has been unfairly rejected and received a letter form the Home Office stating they can pursue a path of administrative review. The administrative review process allows for the Home Office to reconsider their original decision based on the same evidence which needs to be resubmitted.
The administrative review process involves making a request for an administrative review of the decision, along with any evidence or documentation to support your case. The Home Office will then reconsider the information before making a final determination on whether to uphold or overturn the original decision. If the original decision is upheld, then the individual will either not be allowed to enter the UK, or will need to leave the UK (if they are in the country) and make a fresh application.
In cases where an administrative review is unsuccessful, it can be difficult to know what your next steps should be. In such a situation, it may be advisable to seek legal advice in order to determine your best course of action and understand how you may be able to challenge the decision. Depending on your circumstances, there are various options available which could help you secure an appropriate outcome.
Reasons For An Unsuccessful Administrative Review
If an administrative review application is unsuccessful, it is important to understand why. There are a variety of reasons why the Home Office may reject an application. Generally speaking, the most common reasons for this are if the applicant has failed to provide sufficient evidence to support their case, has missed any deadlines or has not met the criteria for eligibility. It can also be the case that a Home Office caseworker made an incorrect judgement.
In some cases, the Home Office may refuse an administrative review because the original decision was correct and, therefore, it cannot be challenged. This could be due to a lack of information being provided or if the applicant’s evidence does not meet Home Office standards.
It can be difficult to know what steps to take after your administrative review has been unsuccessful, but it is important not to panic as there may still be other avenues available. It is recommended that individuals seek specialist immigration advice in order to ensure they make informed decisions which could potentially benefit their situation in the long run.
What Happens if My Administrative Review is Unsuccsful?
If the Home Office rejects your administrative review deeming it unsuccessful, our legal team can guide you on further actions. This could include making a fresh application, appealing on human rights grounds where suitable, or initiating a Judicial Review of the decision. Your next step should depend on the specifics of your case, and legal advice can help you make the most informed choice. Remember, each outcome of an administrative review might require a different response, so having expert guidance can be crucial in navigating these complex immigration processes.
Reapplying For Another Visa
After having an unsuccessful administrative review, it may seem like the end of the road – but there are still options available. Reapplying for another visa is one such option and can be done almost immediately after the refusal.
When reapplying, it’s important to put together a strong case with all relevant information and evidence. This should include any new documents or evidence which has become available since the original application was submitted.
It’s also worth bearing in mind that there is no guarantee that reapplying will result in a successful outcome – although it may provide some hope after having had an initial refusal. Ultimately, your chances of success depend on whether or not you have given sufficient evidence to support it.
Making an Appeal on Human Rights Grounds
Appealing on human rights grounds in the UK is a legal avenue typically used in immigration cases. This involves arguing that a decision made by the Home Office, such as an unsuccessful administrative review, infringes on the appellant’s fundamental human rights as protected by the European Convention on Human Rights (ECHR) and incorporated into UK law via the Human Rights Act 1998.
Key human rights often invoked in these appeals include:
- Article 8: the right to respect for private and family life, home and correspondence. Many appeals revolve around this article, arguing that deportation or refusal of entry/leave to remain would disrupt family life unjustifiably.
- Article 3: prohibition of torture, and inhuman or degrading treatment or punishment. In some cases, individuals may argue that their deportation would lead to a real risk of exposure to such treatment in their home country.
The effectiveness of a human rights appeal often depends on the circumstances of each case. As these appeals can be legally complex, it is typically advisable to seek legal representation when pursuing this avenue.
Initiating a Judicial Review
A judicial review is a formal procedure by which an individual or a group can challenge decisions or actions of public bodies like the UK Home Office. This isn’t about the merits of a decision but about the lawfulness of the decision-making process.
To start the judicial review process, a pre-action protocol letter is typically sent to the public body involved, explaining the issue and offering a chance for it to correct its decision. If there’s no satisfactory response, an application for permission for a JR can be filed in court. This is reviewed by a judge who determines whether there’s an arguable case. If permission is granted, a substantive hearing takes place, where the court can uphold the decision, quash it, or (less commonly) substitute its own decision.
It’s crucial to remember that there are strict time limits for initiating a judicial review, typically three months from the date of the decision, action, or omission being challenged. Given the complexities involved, it is usually advised to seek expert legal advice when considering a Judicial Review.
Also read: What Happens If My Application For An Administrative Review Is Successful?
Seeking Professional Advice
It’s essential to remember that, even if your application is unsuccessful, seeking the advice of a qualified and experienced administrative review lawyer can help you understand our options are and guide you through the process of what to do next.
No matter what option you choose from the three explained above, a legal representative can provide invaluable assistance in preparing your next application (to avoid another refusal), represent you in an appeal and also a judicial review. They can also make sure all the necessary paperwork is completed correctly and your documents or evidence is in order. Moreover, by having someone with specialist knowledge on your side, you can feel reassured that you’re taking all the necessary steps to successfully challenge the original decision. This can provide much-needed peace of mind during what can be a difficult and stressful process.
It can take anywhere from one to six months for the application to be processed and a decision to be reached. The time frame depends on the complexity of the case, the availability of documents or evidence that must be reviewed, and other factors.
Applying for an administrative review of a UK immigration decision can be costly. One of the primary questions applicants have is, “is there an upper limit to how much an application costs?” The answer to this question depends on the type and complexity of the case. Generally speaking, the cost for an administrative review application is £80.
Applying for an administrative review can be a complex process that requires your documents to be resubmitted. It’s important to understand what documents you need to include in your application in order to make sure that it is successful. This is why it is highly advisable to speak with immigration administrative review solicitors if you want the absolute best chances of success.
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Dr Bernard Andonian – the Co-Founder of Gulbenkian Andonian Solicitors, is an experienced Immigration Solicitor, former Judge, and recipient of a PhD in Law from the University of West London. He has over four decades of experience practising UK Immigration, Human Rights and Civil Litigation Law. He has served on the Law Society Immigration Law Panel, achieved numerous groundbreaking decisions in higher courts and is featured in the Legal 500’s Hall of Fame.